1.1 No bids will be accepted from anyone other than a registered bidder (“bidder”). Registration must be completed prior to the auction and the bidder must be in possession of a bidder registration card (for onsite auctions) or bidder registration number (for online or virtual auctions and tenders) issued by A.P. Motors No 2 Pty Ltd whenever making a bid.
2. INSPECTION OF LOTS
2.1 The bidder acknowledges that the consumer guarantees stipulated in sections 54, 55, 56, 57, 58 and 59 of the Australian Consumer Law do not apply to the sale of goods by auction if the auctioneer is not the legal owner of the lot. As a result, in respect of lots sold at auction by A. P. Motors (No 2) Pty Ltd, make no warranties and give no guarantees regarding
a. the goods being of acceptable quality;
b. the goods being fit for any disclosed purpose or any purpose for which the supplier represents they are fit;
c. the goods matching their description or corresponding to any sample or demonstration model;
d. the availability of repairs or spare parts for the goods; or
e. express warranties in respect of the goods made by the manufacturer being complied with
2.2 All lots are available for inspection from 8am on the day of the auction. Each bidder bidding on a lot will be deemed to have inspected the lot prior to participating in the auction for that lot or to have otherwise satisfied itself as to the condition of the lots.
2.3 All lots are sold in the state of repair and condition as at the time of the auction, and any condition report available for the lot at the auction is intended to be used by the bidder as a guide only and should not be relied on as a statement of fact. The bidder should take such steps as the bidder considers reasonable to be satisfied as to the condition of the lot.
2.4 The bidder is to rely on their own inspection of the vehicle and any representation or description regarding the lot provided by A P Motors No 2 Pty Ltd, its agents or employees is not to be relied upon as statements of fact (to the extent permitted by law).
3.1 In these terms and conditions a reference to “bid” includes a tender offer.
3.2 Each bid made by a bidder constitutes acceptance of these terms and conditions and is an irrevocable offer capable of acceptance by the Auctioneer on behalf of A.P. Motors No. 2 Pty Ltd.
3.3 The vendor shall have the right to bid, either by the Auctioneer or by the vendor’s agent, for any lot offered.
3.4 Written pre-auction bids will be accepted by the auctioneer if lodged by no later than 4.00pm on the day prior to the auction. The Auctioneer will announce prior to each lot if any pre-auction bids have been received. A successful pre-auction bid will bind the bidder to these terms and purchase of the lot.
4. DEPOSIT & PAYMENT
4.1 A buyer’s premium is payable on each successful lot to be added to the invoice for the lot.
4.2 Any stamp duty or other taxes or liabilities payable with respect to the successful sale of a lot to a bidder will be borne by the bidder.
4.3 Unless otherwise expressly agreed by A. P. Motors (No 2) Pty Ltd in writing, a deposit of $500.00 is payable by the bidder on the fall of the hammer in any auction where the bidder was the highest bidder. Payment must be made either by cash, EFTPOS or bank cheque.
4.4 If the deposit is not paid in accordance with clause 3.1, A. P. Motors (No 2) Pty Ltd may, in its sole discretion, determine the bidder to have repudiated its obligations under the sale agreement and deal with the lot at its discretion. A. P. Motors (No 2) Pty Ltd may recover from the bidder any loss by A. P. Motors (No 2) Pty Ltd as a liquidated sum.
4.5 Final payment must be made by cash, bank cheque or EFT unless otherwise agreed to by A. P. Motors (No 2) Pty Ltd Any merchant or other fees payable in relation to the bidder’s method of payment must be met by the bidder.
4.6 Final payment must be made by with 3 business days after the auction.
4.7 If final payment is not made in accordance with clause 3.5 A. P. Motors (No 2) Pty Ltd may in its absolute discretion:
a. deem the bidder to be in breach of the contract;
b. retain the deposit paid;
c. re-sell or re-auction the lot. Any shortfall between the final price the lot is sold for and the amount the bidder agreed to pay shall be recoverable by A. P. Motors (No 2) Pty Ltd as a liquidated sum plus interest and costs.
5. TITLE & RISK
5.1 The bidder acknowledges that A. P. Motors (No 2) Pty Ltd may be offering a lot or lots for sale by auction that are consigned to A. P. Motors (No 2) Pty Ltd by the legal or beneficial owner of the lot or lots.
5.2 Title in and risk of the lot passes once payment of the full amount of the knocked down price has been made by the bidder to A. P. Motors (No 2) Pty Ltd.
5.3 If A. P. Motors (No 2) Pty Ltd allows the bidder to take possession of the lot prior to payment in full being received in cleared funds by A. P. Motors (No 2) Pty Ltd, then the bidder holds the lot as trustee for A. P. Motors (No 2) Pty Ltd and the following apply:
a. Any proceeds of any sale of the lot by the bidder is held on trust for A. P. Motors (No 2) Pty Ltd;
b. The bidder indemnifies and holds harmless any loss or damage caused to, by or in relation to the lot; and
c. A. P. Motors (No 2) Pty Ltd may enter upon the bidder’s premises and re-take possession of the vehicle immediately upon breach of the credit terms by the bidder.
6.1 A. P. Motors (No 2) Pty Ltd reserves the following rights (which may be exercised by A. P. Motors (No 2) Pty Ltd at its discretion):
a. To not offer for sale any lot;
b. To withdraw any lot or lots from any auction or tender sale;
c. To refuse to accept bids or offers from any person for any reason;
d. To accept such tender offer as it chooses, even if the tender offer accepted is not the highest offer; and
e. To not disclose the existence and/or quantum of the reserve price (if any) of a lot prior to the close of bidding or withdrawal of the lot.
6.2 A. P. Motors (No 2) Pty Ltd takes no responsibility for any failure howsoever caused of a tender offer or auction bid to be received prior to the notified close of the tender or end of the auction.
7. WARRANTY, LIABILITY & INDEMNITY
7.1 If the bidder is bidding on a lot on behalf of a principal the bidder warrants that:
a. The bidder has full authority to engage in any transaction that the bidder purports to engage in with A. P. Motors (No 2) Pty Ltd.
b. The bidder will be liable for all costs, fees, charges and other amounts which may become payable as a result of entering into any transaction with A. P. Motors (No 2) Pty Ltd.
c. The bidder is properly authorised to provide any information given to A. P. Motors (No 2) Pty Ltd and all such information is true and correct.
7.2 The bidder acknowledges and agrees that A. P. Motors (No 2) Pty Ltd accepts no liability or responsibility arising for any indirect or consequential loss, damage or expense of any kind or nature and the bidder releases and forever discharges A. P. Motors (No 2) Pty Ltd from any such liabilities and claims, demands or causes of action in respect thereof insofar as is possible however nothing in this clause shall be taken to exclude, restrict or modify any non-excludable conditions, warranties or rights set out in any legislation.
7.3 The bidder indemnifies and will keep indemnified A. P. Motors (No 2) Pty Ltd for the full amount of any claim, suit or demand including costs made by the bidder or any other person in relation to the bidder’s transaction with A. P. Motors (No 2) Pty Ltd.
8. PRIVACY STATEMENT
8.2 The kind of personal information A. P. Motors (No 2) Pty Ltd holds is that information which is provided by the bidder. The bidder is not able register to bid at A. P. Motors (No 2) Pty Ltd’s auctions if the Bidder does not provide the personal information required by A. P. Motors (No 2) Pty Ltd.
8.4 The kinds of people that may be provided with information relating to the bidder include State transport authorities, insurance companies; A. P. Motors (No 2) Pty Ltd related companies, suppliers of vehicles and other products and services.
8.5 Any query or concerns about the way A. P. Motors (No 2) Pty Ltd manages personal information should be referred to A. P. Motors (No 2) Pty Ltd s Privacy Officer at firstname.lastname@example.org.
8.6 The bidder may request access to his/her personal information held by A. P. Motors (No 2) Pty Ltd by contacting the person nominated in clause 6.5 above.
9.1 The bidder and A. P. Motors (No 2) Pty Ltd agree to submit to the laws of Queensland in regard to any dispute arising between them.
9.2 Nothing in these terms and conditions will be construed or deemed to constitute a partnership, joint venture or employee, employer or representative relationship between the parties.
9.3 Each indemnity contained herein is a continuing obligation, separate and independent from the other obligations of the parties and survives termination or completion of any agreement including these terms and conditions between the parties.
9.4 Definitions and interpretation:
a. A reference to “bid” includes a tender offer.